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18 results for “capital gains”+ Section 2(47)(vi)clear

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Key Topics

Section 260A11Section 9(1)(vi)5Addition to Income5Section 2604Section 44Section 74Section 214Capital Gains4Section 23Section 263

The Commissioner of Income Tax-III vs. Sri Anand Prakash Sanghi

ITTA/33/2010HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

For Appellant: M/S.HARBOUR VIEWFor Respondent: THE COMMISSIONER OF INCOME TAX
Section 132Section 143(2)Section 153ASection 153CSection 2(47)(v)Section 260ASection 269USection 53A

Sections 2(47)(ii), (v)and (vi) of the Act. Long term capital gain was also assessed. According to the assessee

3
Exemption3
Double Taxation/DTAA2

The Commissioner of Income Tax-II, vs. M/S Gulf Oil Corporation Pvt. Ltd.,

ITTA/195/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

vi),  “immovable property” shall have the same meaning  as in clause (d) of section 269UA. 2.   For   the   removal   of   doubts,   it   is   hereby  clarified that “transfer” includes and shall be  deemed   to   have   always   included   disposing   of   or  Page 26 of 41 C/TAXAP/194/2008 JUDGMENT parting with an asset or any interest therein, or  creating any interest in any asset

Commissioner of Income Tax-II vs. M/s.Jayalakshmi Chits

ITTA/211/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

vi),  “immovable property” shall have the same meaning  as in clause (d) of section 269UA. 2.   For   the   removal   of   doubts,   it   is   hereby  clarified that “transfer” includes and shall be  deemed   to   have   always   included   disposing   of   or  Page 26 of 41 C/TAXAP/194/2008 JUDGMENT parting with an asset or any interest therein, or  creating any interest in any asset

The Commissioner of Income Tax - VI vs. M/s. Manikanta Iron AND Hardware

ITTA/196/2008HC Telangana02 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

vi),  “immovable property” shall have the same meaning  as in clause (d) of section 269UA. 2.   For   the   removal   of   doubts,   it   is   hereby  clarified that “transfer” includes and shall be  deemed   to   have   always   included   disposing   of   or  Page 26 of 41 C/TAXAP/194/2008 JUDGMENT parting with an asset or any interest therein, or  creating any interest in any asset

The Commissioner of Income Tax, vs. M/s. Laila Impex,

Accordingly answered against the Revenue. The appeals fail and are dismissed, without

ITTA/473/2012HC Telangana09 Jul 2013
Section 143(3)Section 144CSection 260ASection 9(1)(vi)

Capital gains") for— (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property ; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

The Commissioner of Income Tax-IV vs. M/s Pokarna Limited

The appeals are dismissed

ITTA/273/2012HC Telangana18 Feb 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 260A

capital gains. This classification under distinct heads of income profits and gains is made having regard to the sources from which income is derived. Income-tax is undoubtedly levied on the total taxable income of the taxpayer and the tax levied is a single tax on the aggregate taxable receipts from all the sources; it is not a collection

SMT. SHANTHA VIDYASAGAR ANNAM vs. INCOME TAX OFFICER, WARD-4(2) HYDERABAD

In the result, the orders dated 09

ITTA/527/2006HC Telangana07 Jan 2025

Bench: J SREENIVAS RAO,ALOK ARADHE

Section 144Section 148Section 2Section 260Section 260ASection 53Section 54F

gain accrued to the assessee in order to attra(:t Sections 45 and Section 4g of the Act. In support of the aforesaid submissions, reliance has been placed on decision of thr: Supreme Court in Seshasayee Steels private Limited vs. Assistant Commissioner of Income Tax, Chennai r and decisions on Principal Commissioner of Income Tax, Kolkata_l vs. Infinity Infotech

Principal Commissioner of Income Tax - 5 vs. M/s Vijay Textiles Limited

The appeal is dismissed

ITTA/541/2015HC Telangana16 Feb 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 167BSection 2(31)Section 2(47)Section 260Section 3Section 4Section 67A

47) the word transfer includes relinquishment of rights?” 2. We have heard Mr.Jeevan J. Neeralgi appearing on behalf of Mr.E.I.Sanmathi, learned counsel for the appellants-Revenue. 3 3. It appears that the Tribunal while dealing with the said aspects has observed thus: “16. We have perused the orders and heard the rival contentions. The question to be answered

THE COMMISSIONER OF INCOMETAX vs. M/S V.SATAYANARAYANA

The appeal is allowed

ITTA/193/2003HC Telangana21 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

For Appellant: Mr. Debabrata Roy
Section 13(1)Section 13(1)(d)Section 7

Capital Territory of Delhi)16 the Hon’ble Supreme Court observed as follows : 16. On the said aspect, we would now refer to Section 20 of the Act which reads as under: ―20. Presumption where public servant accepts gratification other than legal remuneration.—(1) Where, in any trial of an offence punishable under Section 7 or Section 11 or clause

PRINCIPAL COMMISSIONER OF INCOME TAX-I vs. A.V. V. VARAPRASAD

ITTA/742/2017HC Telangana29 Nov 2017

Bench: C.V.NAGARJUNA REDDY,T.AMARNATH GOUD

For Appellant: Mr. K.Raji Reddy
Section 143Section 2Section 263

gains. 5. The Tribunal on reconsideration of the facts in their entirety, concurred with the view of the AO that as form No.7B was signed by both parties on 24.11.2009, the effective transfer as defined under Section 2 (47) of the Act has taken place on the said date. In that process, the Tribunal also took into consideration a letter

M/s. Canara Securities Ltd vs. Dy. Commissioner of Income Tax

ITTA/3/2020HC Telangana25 Aug 2020

Bench: M.S.RAMACHANDRA RAO,T.AMARNATH GOUD

2 companies and certain other individuals as Directors of 4 listed companies, 3 subsidiaries of one listed company and an unlisted company is bad in law since the Joint APLs merely represents the estate of PDB and thus, had no rights to seek appointment of Directors in companies in which PDB was not a "Member". Further, without prejudice

PR COMMR OF INCOME TAX-2, HYDERABAD vs. K RAVINDER REDDY, HYDERABAD

ITTA/621/2017HC Telangana23 Aug 2018

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Section 260A

vi. Sanjeev Kakkar - He did his masters in Mechanical Engineering. His designation is 'Sales Director'. He is an employee of GEIIPL working since 2000. Annexure 10 discussing his roles and responsibilities provides through the sixth bullet point that:' As a part of his job, Sanjeev would understand the requirements of clients in terms of equipment required as well as financing

The Commissioner of Income TAx-IV, vs. M/s. Mahaveer Enterprises (India) Limited

The Appeal is dismissed

ITTA/94/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 21

capital gains on transfers, to invest unaccounted money (`black money') and to avoid payment of `unearned increases' due to Development Authorities on transfer. 2. The modus operandi in such SA/GPA/WILL transactions is for the vendor or person claiming to be the owner to receive the agreed consideration, deliver possession of the property to the purchaser and execute the following documents

The Commisioner of Income TAx-1 vs. Divya Shakti Granites Ltd.,

ITTA/178/2015HC Telangana04 Apr 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 96

capital gains tax, etc., the official figure should be lesser. In a sense, to that extent, it is a case of tax avoidance which is culpable both legally and morally. One cannot gainfully argue that it is a case of tax planning, intent being corrupt. However, that has been done at the instance of the 1st defendant, at whose hands

The Commissioner of Income Tax IV vs. Shri Raaj Kumar Jain

ITTA/147/2013HC Telangana28 Jun 2013
For Appellant: - Sri Yug Mohit Chaudhary assistedFor Respondent: - A.G.A., Sri Amit Mishra, Sri Gyan
Section 156(3)Section 201Section 302Section 363Section 364Section 366Section 376

47 70. PW-25 Dr. Nandineni Madhusudan Reddy, Staff Scientist, Laboratory of DNA Finger Printing Services, CDFD, Hyderabad has proved the DNA test report, as per which, the DNA Profile of skeleton remains of 'H'. could not be found in any of the bones seized by Noida Police or CBI. Issues arising in this appeal 71. The issues that survive/arise

THE PRL COMMISSIONER OF INCOME TAX [CENTRAL] HYDERABAD vs. M/S SREE NAGENDRA CONSTRUCTIONS, KHAMMAM

In the result, appeal stands dismissed

ITTA/490/2016HC Telangana21 Aug 2018

Bench: This

Section 10Section 260Section 260ASection 35Section 43

VI, CENTRAL REVENUE BUILDINGS, QUEENS ROAD, BANGALORE-560 001. 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6(1)(2) BENGALURU. ...APPELLANTS (BY SRI JEEVAN J. NEERALGI, ADV. A/W SRI T.N.C.SRIDHAR, ADV.) AND : M/s SUBEX LTD., RMZ ECOWORLD, DEVARABISANAHALLI, OUTER RING ROAD, BANGALORE-560 037. PAN: AABCS 9255R. …RESPONDENT (BY SRI CHYTHANYA K.K., ADV.) THIS INCOME TAX APPEAL IS FILED UNDER

Commissioner of Income Tax vs. Sri P.Sarveswara Rao

Appeals are partly allowed, in view of the

ITTA/434/2005HC Telangana14 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 221Section 4

VI-A of Income-tax is necessary at this state as the issue concerning assessee‟s claim is clearly covered by section 43-B of the Act.” 5. On appeal, the CIT(A) allowed the assessee’s claim. The CIT(A) held that the amount of sales tax collected as incentive for setting up industries in backward areas

The Commissioner of Income Tax (Central) vs. M/s Hyderabad House Pvt Ltd.,

ITTA/250/2013HC Telangana11 Jul 2013

47 of 70 one lakh and fifty thousand) or the amount may be determined in terms of the Second Schedule whichever is higher. Such amount is to be paid if any application is filed under Section 163-A of the 1988 Act.” 60. The decision in Puttamma (supra) was rendered on 09.12.2013. More than 2 years and 4 months have